PEOPLE v. BONO

Docket Nos. 227278, 227280.

641 N.W.2d 278 (2002)

249 Mich. App. 115

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michael Samuel BONO, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellant, v. Douglas Lake, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 4, 2002, at 9:00 a.m.

Released for Publication March 19, 2002.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and John S. Pallas, Assistant Prosecuting Attorney, for the people.

Timothy R. Ash & Associates, P.C. (by Timothy R. Ash), Bingham Farms, for Michael S. Bono.

Sterling & Schilling, P.C. (by Ronald R. Schilling), Pontiac, for Douglas M. Lake.

Before: NEFF, P.J., and FITZGERALD and MARKEY, JJ.


ON REMAND

FITZGERALD, J.

This case is on remand from the Supreme Court.1 In our earlier opinion,2 we held that defendants' conduct did not occur in a public place as a matter of law within the meaning of the statute prohibiting gross indecency between males, M.C.L. § 750.338, and affirmed the trial court's dismissal of the charges against defendants. In lieu of granting the prosecution leave...

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